(PS) Federal National Mortgage Association v. Wheat et al, No. 2:2012cv01813 - Document 21 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 10/16/12; this case is REMANDED to Sacramento County Superior Court. Copy of remand order sent to other court. CASE CLOSED (Benson, A.)
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(PS) Federal National Mortgage Association v. Wheat et al Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FEDERAL NATIONAL MORTGAGE ASSOCIATION, 11 Plaintiff, 12 No. 2:12-cv-1813 GEB GGH PS vs. 13 EDWIN D. WHEAT, et al., 14 Defendants. 15 __________________________________/ 16 ORDER On August 7, 2012, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within fourteen days. Objections were filed on 19 September 4, 2012, and they were considered by the district judge. 20 This court reviews de novo those portions of the proposed findings of fact to 21 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 22 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 23 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 24 the court assumes its correctness and decides the motions on the applicable law. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1 Dockets.Justia.com 1 1983). 2 The court has reviewed the applicable legal standards and, good cause appearing, 3 concludes that it is appropriate to adopt the August 7, 2012 Findings and Recommendations in 4 full. Accordingly, IT IS ORDERED that: 5 6 1. This action is remanded to Sacramento County Superior Court, Carol Miller Justice Center; 7 2. The Clerk is directed to serve a certified copy of this order on the Clerk of 8 Sacramento County Superior Court, Carol Miller Justice Center, and reference the state case 9 number (12UD02141) in the proof of service; and 10 11 3. The Clerk is directed to close this case. Dated: October 16, 2012 12 13 14 GARLAND E. BURRELL, JR. Senior United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 2
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